In The Spotlight

Defining Disability: Americans With Disabilities Act Amendments Act of 2008

By Annie Hsia, Advocacy Program Manager

When Congress enacted the Rehabilitation Act of 1973, which required recipients of federal financial assistance and federal contractors to comply with regulations prohibiting discrimination in their programs or activities, the word “disability” was construed to be defined very broadly. This definition was explicitly stated in federal regulations and policies. When the Americans with Disabilities Act of 1990 (ADA) was passed, it was assumed by many in the advocacy and disability communities that the definition of “disability” would continue to be broadly defined.

However, in 1999, the U. S. Supreme Court, in a series of cases, narrowed the definition of “disability” to make it more difficult for individuals to be found “disabled” under the ADA. Because less people qualified to be considered “disabled," less people were afforded the protections guaranteed under the ADA.

Eighteen years later (2008), Congress reinstated the less restrictive definition that had been the working definition throughout the 1970s, 1980s, and most of the 1990s by overruling the restrictive definitions set forth by the Supreme Court. As one of the principal sponsors of the ADA Amendments Act of 2008, F. James Sensenbrenner, Jr., stated that the courts have been “focused too heavily” on whether someone was disabled instead of whether discrimination occurred. Now, individuals with learning disabilities, epilepsy, or multiple sclerosis, for example, are more likely to get accommodations. The new amendments specifically state that the ADA was enacted for the purpose of eliminating discrimination against individuals with disabilities. The Equal Employment Opportunity Commission (EEOC), along with the Attorney General and the Secretary of Transportation, has been specially charged to revise regulations to conform with congressional intent of using a broader construction for finding disability.

It is for this reason that the ADA’s definition of who is disabled is so important: More people will be included under the protections of the ADA. The ADA broadened the protections afforded disabled individuals to the private sector, whereas previous statutes only applied to those entities that received federal money or were federal contractors.

For more details on recent changes to the Americans With Disabilities Act, please see our Counsel's Corner article.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally.

Services

Advocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.